Terms of Service

Terms of Use
Thank you for visiting the website of the USO of Metropolitan New York, Inc. (“USO of Metropolitan New York”). Please review the following terms and conditions (collectively, “Terms of Use”) carefully. These Terms of Use are a legally binding contract between you and the USO of Metropolitan New York, pertaining to the access and use of any and all information, content, media, printed materials, “online” or other electronic documentation, products, and services available from http://www.metrony.uso.org (and each sub-domain associated with this URL), and all other websites operated by or for the USO of Metropolitan New York (collectively, the “USO of Metropolitan New York Websites”).

In these Terms of Use, the terms “we,” “us,” and “our” refer to USO of Metropolitan New York. The terms “you,” and “your” refer to both visitors and registered users (collectively, “users”) of the USO of Metropolitan New York Websites.

To assist you in reviewing these Terms of Use, we have divided them into the following topics:

Application of Terms of Use

Changes to Terms of Use

Acceptance of Terms of Use

Restrictions on Use of Materials on USO of Metropolitan New York Websites

Sponsors
References and Links to Third-Party Webpages

General Indemnification

Limitation of Liability

Accuracy of Materials on USO of Metropolitan New York Websites

Disclaimer of Warranties

Services on USO of Metropolitan New York Websites

Acceptable Use Policy for USO of Metropolitan New York Websites & Services

Term & Termination

Deactivation of USO of Metropolitan New York Websites

Notice of Claims of Intellectual Property Violations

Privacy

Equitable Remedies

Governing Law; Venue; Statute of Limitations

Dispute Resolution

Severability

No Waiver

Entire Agreement

Contact Information

Application of Terms of Use
These Terms of Use apply to your use of all of the USO of Metropolitan New York Websites. Accessing the USO of Metropolitan New York Websites, in any manner, whether automated or otherwise, constitutes use of the USO of Metropolitan New York Websites.

In order to fully understand your rights, we encourage you to read our Privacy Policy, which governs the collection, use, retention, and disclosure of information we gather from the USO of Metropolitan New York Websites, in addition to these Terms of Use.

Changes to Terms of Use
The USO of Metropolitan New York reserves the right to modify these Terms of Use at any time, for any reason, with or without notice. Changes to the Terms of Use will be posted here, so we encourage you to review these Terms of Use from time-to-time. All changes to the Terms of Use will be effective immediately upon posting.

Acceptance of Terms of Use
By using the USO of Metropolitan New York Websites, you are agreeing to be bound by all of the terms and conditions contained in these Terms of Use. The USO of Metropolitan New York Websites are offered to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. Your access and use of the USO of Metropolitan New York Websites is conditioned upon your sustained compliance with these Terms of Use. Your continued use of the USO of Metropolitan New York Websites after the effective date of any changes to these Terms of Use shall be deemed to be your consent to the modified terms.

Restrictions on Use of Materials on USO of Metropolitan New York Websites
Unless otherwise indicated, the USO of Metropolitan New York (or our licensors or affiliates) holds the copyright to the USO of Metropolitan New York Websites and all of the materials contained therein, including, but not limited to, the information, content, documents, articles, photographs, images, text, graphics, logos, icons, sound recordings, tutorials, toolkits, audio/visual clips, design, and layout. In addition, the USO of Metropolitan New York owns all of the trademarks, logos, service marks, and slogans (collectively, the “USO of Metropolitan New York Marks”) used and displayed on the USO of Metropolitan New York Websites, unless otherwise noted.

Except as expressly permitted herein, no materials from the USO of Metropolitan New York Websites (including, without limitation, the USO of Metropolitan New York Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, commercially exploited, or otherwise used in any form, or by any means, without the express, written consent of the USO. Any unauthorized use of any materials contained on the USO of Metropolitan New York Websites may violate copyright, trademark, and other laws. The USO of Metropolitan New York retains all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under intellectual property laws or any other federal, state, or local law, regulation, ordinance, or treaty. In addition, nothing in these Terms of Use should be construed as conferring by implication, estoppel, or otherwise, any license or right under or to any intellectual property right, including, but not limited to, any copyright, trademark, service mark, or patent of the USO of Metropolitan New York or any third party.

The USO of Metropolitan New York will allow you to view and print certain materials, including information, documents, articles, volunteer tutorials, and fundraising toolkits, located on the USO of Metropolitan New York Websites for your personal use, but not for any for-profit or commercial activities or purposes or resale, provided that:

A. the printed materials must retain any copyright, intellectual property, proprietary, or other notices or disclaimers contained in the original materials;

B. you must give attribution to the USO of Metropolitan New York and, if possible, provide a reference to the USO of Metropolitan New York’s homepage (http://www.metrony.uso.org) on the printed materials;

C. the materials must be printed in their entirety without modification, reformatting, adaptation, or adjustment; and

D. if you combine the materials with other hard copy materials, you must clearly designate which portion is the USO of Metropolitan New York’s material.

No electronic copies are permitted. If you share any printed materials with others, you agree to inform each person with whom you share such materials as to these Terms of Use, and each such person must agree to adhere to these Terms of Use. Failure to observe these conditions will immediately terminate this permission, and may infringe the copyrights, trademarks, and/or other intellectual property rights of the USO of Metropolitan New York and/or our licensors and affiliates.

Notwithstanding anything to the contrary in these Terms of Use, no photographs, videos, images, messages of support, stories, or personal testimonials on the USO of Metropolitan New York Websites may be copied, reproduced, appropriated, or otherwise used in any manner without the express, written consent of the USO.

Sponsors
The USO of Metropolitan New York may wish to acknowledge particular persons and companies who have made donations or sponsorships in support of our Mission. Such acknowledgement may be in the form of recognition on the USO of Metropolitan New York Websites by use of such persons’ or companies’ own names or trademarks and/or by hypertext links to such persons’ or companies’ own websites. However, the USO of Metropolitan New York does not solicit or allow the purchase or use of advertisements or commercial endorsements on the USO of Metropolitan New York Websites by any person or business (including, but not limited to, our sponsors and donors).

If you decide to click on the links to any of our sponsors’ websites, or if you otherwise engage in any correspondence or business dealings with, or purchase any products or services from, any of our sponsors, you do so of your own volition, and you agree that the USO of Metropolitan New York is not responsible or liable for any loss or damages of any type sustained as a result of any such dealings or as a result of the acknowledgement of, or links to, such sponsors in conjunction with the USO of Metropolitan New York Websites.

References and Links to Third-Party Webpages
The USO of Metropolitan New York Websites may display hypertext links to the webpages of other individuals, businesses, organizations, products, or services. Certain public forums within the USO of Metropolitan New York Websites, such as blogs, social media, and message boards, may also allow users to post links to third-party webpages. Such links are supplied only for online interactive purposes. The content provided in such links is in no way endorsed, offered, or guaranteed by the USO.

The inclusion of a hypertext link to the USO of Metropolitan New York Websites on another webpage is permitted only in accordance with, and is subject to, the following conditions:

A. the link must be an active, text-only link, or approved banner or artwork provided by the USO of Metropolitan New York, which is clearly marked “USO of Metropolitan New York”;

B. the webpage containing the link to the USO of Metropolitan New York Websites may not use any of the USO of Metropolitan New York Marks without our prior written approval;

C. the link, when activated by a user, must display the USO of Metropolitan New York’s homepage (http://www.metrony.uso.org) in full-screen, and not within a “frame” on the linked website;

D. the appearance, position, and other aspects of the link may not be such as to disparage the USO of Metropolitan New York or its programs, or as to damage or dilute the goodwill associated with the USO of Metropolitan New York name and the USO of Metropolitan New York Marks;

E. the appearance, position, and other aspects of the link may not be such as to create the false appearance that an entity other than the USO of Metropolitan New York is associated with, benefitting, or sponsored by USO;

F. the link may not be associated with the sale of any products or services, or the promotion of any lottery, raffle, sweepstakes, or other games of chance benefiting the USO of Metropolitan New York;

G. the link may not appear on pages including content which the USO of Metropolitan New York, in our sole discretion, finds to be objectionable, or which includes obscene, pornographic, violent, intolerant, tasteless, denigrating, or sexually-oriented content or materials; and

H. the USO of Metropolitan New York reserves the right to revoke our consent to the link at any time, in our sole discretion, by amending these Terms of Use.

All other hypertext links to the USO of Metropolitan New York Websites must be approved in writing by the USO of Metropolitan New York. Inquiries may be directed to brand@usonyc.org.

Use of a hypertext link to the USO of Metropolitan New York Websites on another webpage shall not create, indicate, or imply any endorsement, approval, sponsorship, affiliation, or recommendation by the USO of Metropolitan New York of any of the individuals, companies, entities, organizations, products, and/or services associated with the webpage. This permission to link is provided without warranties of any kind, express or implied, including, without limitation, warranties of title of non-infringement.

The USO of Metropolitan New York reserves the right to take action against any use of its federally registered service marks, trademarks, and trade names, or any links to the USO of Metropolitan New York Websites that do not conform to the conditions herein, or that infringe any intellectual property or other rights of the USO of Metropolitan New York.

Please note that accessing any other webpage linked to or from the USO of Metropolitan New York Websites is done at your own risk. The USO of Metropolitan New York has not reviewed and is not responsible for the content of any third-party webpages linked to or from the USO of Metropolitan New York Websites, and does not make any representations regarding the content or accuracy of the materials on such third-party webpages. The USO of Metropolitan New York is not responsible for the information, materials, or content contained at any webpage linked to or from the USO of Metropolitan New York Websites.

General Indemnification
You agree that you will indemnify, defend, and hold harmless the USO, our officers, directors, employees, volunteers, licensors, affiliates, and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the USO of Metropolitan New York Websites, including any information or material viewed or downloaded from the USO of Metropolitan New York Websites, or any other webpages to which they are linked. If your use of any content or materials from the USO of Metropolitan New York Websites results in the need to service or repair any equipment or data, you agree to assume any and all costs thereof.

Limitation of Liability
In no event and under no circumstances shall the USO of Metropolitan New York, the contributors of information to the USO of Metropolitan New York Websites, our sponsors, licensors, affiliates, or authorized representatives be liable to you or any third party for special, incidental, punitive, or consequential damages (including, but not limited to, any loss of profits, revenue, savings, or data) arising out of your (or any authorized user’s) use or inability to use the USO of Metropolitan New York Websites, or your (or any authorized user’s) reliance or use of information, content, materials, services, or products provided on or through the USO of Metropolitan New York Websites, or that result from any mistakes, omissions, interruptions, deletions of files, or other data loss, errors, defects, delays in operation, service, or transmission, or any failure of performance of the USO of Metropolitan New York Websites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage, and even if the remedies stated in these Terms of Use fail of their essential purpose.

Some states do not allow certain limitations or exclusions of liability for incidental or consequential damages. Accordingly, the above limitation or exclusion of liability may not apply to you.

Accuracy of Materials on USO of Metropolitan New York Websites
You acknowledge that the materials on the USO of Metropolitan New York Websites are provided “as is” for general information only, and without warranties of any kind. The does not recommend, endorse, or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy, or non-infringement of any of the content, materials, programs, or other information provided on the USO of Metropolitan New York Websites or by the companies or organizations linked to or referred to in the USO of Metropolitan New York Websites.

In particular situations, the USO of Metropolitan New York may permit third parties to provide testimonials and information, and in some instances, to create personal home pages for fundraising purposes in furtherance of our Mission. The USO of Metropolitan New York also may, from time-to-time, post articles and other information provided by third parties that might be of interest or benefit to our users. You acknowledge that the opinions and recommendations of third parties contained on the USO of Metropolitan New York Websites are not necessarily those of the USO of Metropolitan New York or endorsed by the USO of Metropolitan New York.

Disclaimer of WarrantiesTHE USO OF METROPOLITAN NEW YORK WEBSITES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS, SERVICES, AND PRODUCTS CONTAINED THEREIN) ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

THE USO OF METROPOLITAN NEW YORK MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT: THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE USO OF METROPOLITAN NEW YORK WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THE USO OF METROPOLITAN NEW YORK WEBSITES; ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THE USO OF METROPOLITAN NEW YORK WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THE USO OF METROPOLITAN NEW YORK WEBSITES; OR THAT THE USO OF METROPOLITAN NEW YORK WEBSITES, THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THE USO OF METROPOLITAN NEW YORK WEBSITES, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL ELEMENTS AND WILL CONTINUOUSLY OPERATE OR BE ERROR-FREE OR THAT ANY PROBLEMS WILL BE CORRECTED. FURTHER, THE USO OF METROPOLITAN NEW YORK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE USO OF METROPOLITAN NEW YORK WEBSITES EITHER IN TERMS OF THEIR COMPATABILITY WITH HARDWARE OR OTHER SOFTWARE, THEIR RELIABILITY, CURRENTNESS, OR OTHERWISE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. YOU RELY ON THE USO OF METROPOLITAN NEW YORK WEBSITES SOLELY AT YOUR OWN RISK.

THE USO OF METROPOLITAN NEW YORK HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE USO OF METROPOLITAN NEW YORK WEBSITES AND THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THE USO OF METROPOLITAN NEW YORK WEBSITES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS, OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS THAT MAY BE IMPLIED BY STATUTE.

Some states do not allow certain exclusion of implied warranties. Accordingly, the above exclusions with respect to implied warranties may not apply to you.

The USO of Metropolitan New York Websites are managed in the state of New York, United States of America. The USO of Metropolitan New York makes no representation that the USO of Metropolitan New York Websites, or the information, content, materials, services, or products found through the USO of Metropolitan New York Websites, is appropriate or available for use in all geographic locations, and accessing the USO of Metropolitan New York Websites from territories where the content of the USO of Metropolitan New York Websites is illegal is expressly prohibited. If you view the USO of Metropolitan New York Websites from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.

Services on USO of Metropolitan New York Websites
Services.
In furtherance of our Mission, the USO of Metropolitan New York may offer certain services or features on the USO of Metropolitan New York Websites (including, but not limited to, message boards, videos, blogs, chatrooms, public forums, personal home pages, online donation pages, shopping carts, calendars and toolkits) (collectively, the “Services”). The following conditions under these Terms of Use apply to your ability to use the Services provided on the USO of Metropolitan New York Websites. The USO of Metropolitan New York will allow you to use these Services free of charge on the express condition that you accept and adhere to these Terms of Use, and only for as long as your use of the Services are helping the USO of Metropolitan New York to achieve our Mission.

Message Boards & Other Public Forums.
While using the Services on the USO of Metropolitan New York Websites, you may participate in certain message boards, social media, blogs, chatrooms, instant messaging, and other public forums. Your participation in these public forums is voluntary; however, by deciding to post, send a message, comment on a blog, or otherwise participate in any public forum, you acknowledge and agree that any information or content that you provide may be viewed by the general public, and shall not be treated as private or confidential. You further agree that the USO of Metropolitan New York may use the posted content in any way that it deems necessary or appropriate. The USO of Metropolitan New York reserves the right to edit or abridge content for any reason, and to edit, remove, or decline to post any content contributed by you or others. The USO of Metropolitan New York cannot and does not guarantee that it will post all content submitted, or that such content will not be offensive, defamatory, or objectionable. Although the USO of Metropolitan New York reserves the right to delete any post for any reason, with or without notice, the USO of Metropolitan New York has no duty to remove content that you personally may find objectionable or offensive. The USO of Metropolitan New York does not control in real time the content submitted through the Services on the USO of Metropolitan New York Websites. Accordingly, the USO of Metropolitan New York does not guarantee the accuracy, integrity, or quality of such information. In addition to other disclaimers found in these Terms of Use, the USO of Metropolitan New York does not endorse or make any warranties or representations with regard to the accuracy, completeness, or timeliness of any content posted on any message board or other public forum on the USO of Metropolitan New York Websites.

Personal Home Page.
While using the USO of Metropolitan New York Websites, you may be offered access to webpage development tools and the use of a fundraising space online that can be personalized with your own content to create a personal webpage (a “Personal Home Page”). Your Personal Home Page may include various features, such as a personal story page, photographs, a link to donate, a donation goal, a personal URL at uso.org (or such other sub-domain or URL as may be designated by the USO of Metropolitan New York), and a guest book. In addition to these Terms of Use, your use of your Personal Home Page and related Services may require your agreement and compliance with supplemental terms at the time that you register for a Personal Home Page.

Posted Content.
You may post messages of support, stories, testimonials, text, photographs, videos, or other content on the USO of Metropolitan New York Websites. Any content submitted to the USO of Metropolitan New York through the USO of Metropolitan New York Websites, third-party webpages, or advertisements, will be treated as non-confidential and non-proprietary, and you authorize the USO of Metropolitan New York and our affiliates and licensees, without compensation to you or any third parties, to edit, copy, reproduce, incorporate, license, distribute, publicly display, or otherwise use the same, or any portions, reproductions, derivations, or versions thereof, throughout the world in any format or media (now known or hereafter invented, including, but not limited to, radio, television, home video/DVD, merchandising, online internet, and mobile services), in any manner, an unlimited number of times, in perpetuity, with or without charge or cost to end users or other third parties. To the extent permitted under applicable law, you waive and release and covenant not to assert any rights that you may have in any content posted by you.

By posting content on the USO of Metropolitan New York Websites, you represent to the USO of Metropolitan New York that you own or have the right to use and permit the USO of Metropolitan New York to use such content in the manner stated above. By way of example and not limitation, if you submit a photograph of yourself with others, you need to first secure permission or a release from the other people featured in the photograph to use their images on the USO of Metropolitan New York Websites, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that includes the name, voice, or likeness of any person other than yourself, unless you first get permission to do so from that person. If you identify yourself by name or submit a photograph or audio or video recording of yourself to the USO of Metropolitan New York Websites, you further authorize the USO of Metropolitan New York and our affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice, and likenesses in furtherance of the USO’s Mission throughout the world, and any such consent cannot be withdrawn for any reason.

Availability of Services.
The USO of Metropolitan New York reserves the right to establish general practices and limits concerning user accounts and the Services on the USO of Metropolitan New York Websites at any time. The USO of Metropolitan New York may amend such practices and limits at our sole discretion, including, without limitation, the maximum amount of time that your or any third-party’s information, photographs, or other content will be retained, and the maximum amount of space that will be allocated on the USO’s servers on your behalf. Without limiting the foregoing, you agree that the USO of Metropolitan New York shall have no liability for the deletion or failure to deliver any information, photographs, or other content, provided by you anywhere on the USO of Metropolitan New York Websites, regardless of whether such deletion or failure was due to the established practices or limits of the Services or was a result of error, intentional misconduct, or negligence of the USO of Metropolitan New York. You agree that the USO of Metropolitan New York shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Services.

Online Donations & Purchases.
In order to make an online donation or purchase from the USO of Metropolitan New York, you must provide certain contact and payment information, such as your name, billing address, credit or debit card number, and email address. By submitting information to the USO of Metropolitan New York in any manner, you represent that all such information is true, accurate, current, and complete, and that you have the lawful right to give such information to the USO of Metropolitan New York for use in processing your online donations or purchases through the USO of Metropolitan New York Websites. In order to make an online donation or purchase from the USO of Metropolitan New York using one of the payment methods displayed on the USO of Metropolitan New York Websites (e.g., Visa, MasterCard, Discover, American Express, etc.), you must be 18 years of age or older. By using any of the USO of Metropolitan New York Websites’ payment methods, you assert that you have the legal authority to direct USO of Metropolitan New York or our authorized vendors to collect any payments from the payment method tendered, and to use the USO of Metropolitan New York Websites in accordance with these Terms of Use. Billing to your selected payment method occurs at the time of donation or purchase, or shortly thereafter. You are responsible for all charges incurred by your use of the USO of Metropolitan New York Websites, and you expressly authorize the USO of Metropolitan New York to charge your selected method of payment for any donations submitted online via the USO of Metropolitan New York Websites or for any outstanding payments due to the USO.

Services Indemnification.IN ADDITION TO THE GENERAL INDEMNIFICATION OUTLINED UNDER THESE TERMS OF USE, YOU AGREE TO INDEMNIFY AND HOLD THE USO OF METROPOLITAN NEW YORK AND OUR OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGES, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY THE USO OF METROPOLITAN NEW YORK AND/OR OUR OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS, AND SUPPLIERS PERTAINING TO THE USO’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME, OR OTHER CONTENT PROVIDED BY YOU IN CONECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY, OR EXPENSE ARE BASED, IN WHOLE OR IN PART, ON THE USO’S OWN NEGLIGENCE. IN NO EVENT SHALL THE USO OF METROPOLITAN NEW YORK’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF THE SERVICES PROVIDED VIA THE USO OF METROPOLITAN NEW YORK WEBSITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.

Acceptable Use Policy for USO of Metropolitan New York Websites & Services
You agree that you will not use, nor allow or authorize any third party to use, the USO of Metropolitan New York Websites and the Services therein to take any actions that: (A.) infringe on any third party’s copyright, trademark, trade secret, patent, or other proprietary rights or rights of publicity or privacy; (B.) violate any applicable law, statute, regulation, or ordinance; (C.) are defamatory, trade libelous, threatening, harassing, invasive of privacy, abusive, discriminatory based on race, color, ethnicity, gender, sex, sexual orientation, religion, age, or disability, pornographic, or obscene; (D.) interfere with or disrupt any equipment or Services on the USO’s or our licensors’ or suppliers’ infrastructure; (E.) spread computer viruses, Trojan horses, worms, or other similarly harmful malware or programs; (F.) generate or disseminate “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email, in any manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) Act of 2003; (G.) encourage conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international laws or regulations; (H.) involve unauthorized access to any machine or device accessible via the USO of Metropolitan New York Websites or Services; (I.) interfere with the USO of Metropolitan New York Websites or any networks or servers connected to the USO of Metropolitan New York Websites or disobey any requirements, procedures, or policies of networks connected to the USO of Metropolitan New York Websites, or attempt to breach the security of or disrupt Internet communications on the USO of Metropolitan New York Websites (including, but not limited to, accessing data or logging into a server or account without authorization); (J.) impersonate any person or entity, including, but not limited to, one of the USO’s directors, officers, employees, or volunteers, or falsely state or otherwise misrepresent your affiliation with a person or entity; (K.) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the USO of Metropolitan New York Websites; (L.) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the USO of Metropolitan New York Websites’ servers or any data not intended for you; (M.) attempt to circumvent authentication or security of any content, host, network, or account (i.e., “cracking”) on or from the USO of Metropolitan New York Websites; or (N.) are detrimental to the USO’s public image, goodwill, reputation, or Mission, or otherwise not in furtherance of our Mission.
In addition, you agree that you will not: (A.) modify, enhance, or prepare derivative works based on any of the USO’s or our licensors’ or suppliers’ content, software, or infrastructure, (B.) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of the USO’s or our licensors’ or suppliers’ software or infrastructure, or (C.) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of the USO of Metropolitan New York Websites (or any part or portion thereof). You further agree that you will not assist, enable, or permit any third party to, directly or indirectly, in undertaking any of the above actions.

IMPROPER USE OF THE USO OF METROPOLITAN NEW YORK WEBSITES MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Term & Termination
These Terms of Use are effective from the date that you first use the USO of Metropolitan New York Websites, and they shall continue in effect until terminated in accordance with these Terms of Use.
The USO of Metropolitan New York may terminate your access to the USO of Metropolitan New York Websites and the Services therein at any time for any reason. Cause for such termination shall include, but not be limited to: (A.) breaches or violations of these Terms of Use; (B.) requests by law enforcement or other government agencies; (C.) a request by you to deactivate or delete your account; (D.) discontinuance or material modification to the Services (or any part thereof); (E.) unexpected technical or security issues or problems; (F.) extended periods of inactivity; (G.) fraudulent or illegal activities performed by you or on your behalf in connection with the Services or the USO of Metropolitan New York Websites; (H.) discontinuance of the Services as a whole; (I.) a statement by you that you no longer agree to these Terms of Use, or a statement by you otherwise requesting termination of your access to the Services; (J.) culmination of the USO of Metropolitan New York fundraising event or program in which you are participating; and/or (K.) any other reason reasonably considered by the USO of Metropolitan New York to be in our organization’s best interest.

In addition, your access to the USO of Metropolitan New York Websites and the Services therein will terminate automatically if you fail to adhere to any provision of these Terms of Use. You agree that any deactivation or deletion of your account and/or your access to the USO of Metropolitan New York Websites or the Services may be effected without notice, and you acknowledge and agree that the USO of Metropolitan New York may immediately deactivate or delete your account and all related information and content in your account and/or block any access to such information or content by you or other third parties. The USO of Metropolitan New York shall not be required to return or provide copies of any information or content in your account to you upon deactivation or deletion.
You further agree that the USO of Metropolitan New York shall not be liable to any third party for any termination of your access to the USO of Metropolitan New York Websites or Services.

Upon termination, the USO of Metropolitan New York will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to the USO of Metropolitan New York with respect to the Services terminated or the USO of Metropolitan New York Websites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use (such as indemnification) shall survive the termination of your access to the USO of Metropolitan New York Websites or the Services.

Deactivation of USO of Metropolitan New York Websites
We reserve the right to modify or discontinue, temporarily or permanently, the USO of Metropolitan New York Websites, or any part thereof, at any time, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the USO of Metropolitan New York Websites, or any part thereof. Nothing in these Terms of Use shall be interpreted to require the USO of Metropolitan New York to maintain and support the USO of Metropolitan New York Websites, or any part thereof, during the term of these Terms of Use.

Notice of Claims of Intellectual Property Violations
The content of the USO of Metropolitan New York Websites may include photographs, videos, messages of support, stories, testimonials, letters, trademarks, logos, slogans, and other content uploaded or submitted by third parties or otherwise received from third parties. The USO of Metropolitan New York does not allow the use of content on the USO of Metropolitan New York Websites that infringes on the copyright, trademark, other intellectual property rights, or the rights of publicity of others, and the USO of Metropolitan New York will remove any such content if properly notified of such violation pursuant to the process outlined below in these Terms of Use. If you believe that any of the content on the USO of Metropolitan New York Websites infringes your copyright, trademark, other intellectual property rights, or your rights of publicity, please contact the USO of Metropolitan New York Brand Advancement using the contact information provided below, and provide the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work or trademark or publicity right claimed to have been infringed, or, if you believe that multiple works, trademarks, or publicity rights have been infringed on the USO of Metropolitan New York Websites, a representative list of such works, trademarks, or publicity rights.

Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description reasonably sufficient to permit the USO of Metropolitan New York to locate the content.

Information reasonably sufficient to permit the USO of Metropolitan New York to contact you, including an email address and/or mailing address, and telephone number.

A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The USO of Metropolitan New York’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is the USO of Metropolitan New York Brand Advancement, who can be reached, as follows:

Please submit all of the information outlined above. It will take the USO of Metropolitan New York longer to process your notice if any of the above information is not provided, and in some cases, we may not be able to process your notice.

Privacy
The USO of Metropolitan New York understands that users of the USO of Metropolitan New York Websites may be concerned about the information that they provide or that may be generated from their use of the USO of Metropolitan New York Websites, and about how the USO of Metropolitan New York may use such information. The USO of Metropolitan New York is committed to protecting the privacy of users of the USO of Metropolitan New York Websites. Our Privacy Policy governs the collection, use, retention, and disclosure of personally identifiable information gathered from the USO of Metropolitan New York Websites. Click here to review our Privacy Policy.

Equitable Remedies
You agree that, if the provisions of these Terms of Use are not specifically enforced, the USO of Metropolitan New York will be irreparably damaged, and therefore, you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach(es) of these Terms of Use, in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations
These Terms of Use are governed by the laws of the state of New York, without regard to conflict of laws, rules, or similar principals, and the applicable laws, regulations, and treaties of the United States of America. Any action arising out of any dispute with respect to these Terms of Use shall be brought exclusively in a court of competent jurisdiction within the state of New York. You agree that the statute of limitations for any claim against the USO of Metropolitan New York shall be brought within one (1) year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Dispute Resolution
In the event of any dispute arising out of these Terms of Use, you and the USO of Metropolitan New York each agree to use good faith efforts to resolve the differences amicably. In the event those efforts are unsuccessful, you and the USO of Metropolitan New York agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or the USO of Metropolitan New York may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in the state of New York. Costs of mediation shall be borne equally by both you and the USO of Metropolitan New York. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and the USO of Metropolitan New York agree to extend the time by mutual agreement or unless the mediator declares you and the USO of Metropolitan New York to be at an impasse. Notwithstanding the above, in the event that the USO of Metropolitan New York believes that immediate injunctive relief is required to protect our rights, the USO of Metropolitan New York may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Severability
If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms of Use and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms of Use.

No Waiver
Failure by us to enforce any particular term of these Terms of Use shall not be construed as a waiver of any of our rights hereunder.

Entire Agreement
These Terms of Use (and each supplemental agreement referenced in or referencing these Terms of Use found on the USO of Metropolitan New York Websites) constitutes the entire agreement between you and the USO of Metropolitan New York with respect to the USO of Metropolitan New York Websites and the Services.

Contact Information
If you have any questions regarding these Terms of Use, please contact the USO of Metropolitan New York by: